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2006 SESSION

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HB 1518 Telephone records; fraudulent procurement, penalty.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Fraudulent procurement of telephone records; penalty.  Creates a Class 1 misdemeanor for the fraudulent procurement, sale, or receipt of telephone records. The misdemeanor involves (i) knowingly procuring, attempting to procure, soliciting, or conspiring with another to procure a telephone record without authorization by fraudulent means; (ii) knowingly selling, or attempting to sell, a telephone record without authorization; or (iii) receiving a telephone record knowing that such record has been obtained without authorization by fraudulent means.

SUMMARY AS PASSED HOUSE:

Fraudulent procurement of telephone records; penalty.  Creates a Class 1, 2, or 3 misdemeanor, resulting from unauthorized or fraudulent procurement, sale, or receipt of telephone records. The misdemeanors involve (i) knowingly procuring, attempting to procure, soliciting, or conspiring with another to procure a telephone record without authorization by fraudulent, deceptive, or false means; (ii) knowingly selling, or attempting to sell, a telephone record without authorization; or (iii) receiving a telephone record knowing that such record has been obtained without authorization by fraudulent, deceptive, or false means. The punishment is (a) a Class 3 misdemeanor if the violation involves a single telephone record of a resident of this Commonwealth, (b) a Class 2 misdemeanor if the violation involves two to 10 telephone records of a resident of this Commonwealth, (c) a Class 1 misdemeanor if the violation involves more than 10 telephone records of a resident of this Commonwealth, and (d) in any case, forfeiture of any personal property used or intended to be used to commit the offense.

SUMMARY AS INTRODUCED:

Fraudulent procurement of telephone records; penalty.  Creates a civil cause of action, and a Class 1, 2, or 3 misdemeanor, resulting from unauthorized or fraudulent procurement, sale, or receipt of telephone records. In the civil action, the court may assess as damages the sum of the actual damages suffered by the plaintiff and any profits made by the violator, but in no case less than $1,000. The civil action must be commenced within two years. The misdemeanors involve (i) knowingly procuring, attempting to procure, soliciting, or conspiring with another to procure a telephone record without authorization by fraudulent, deceptive, or false means; (ii) knowingly selling, or attempting to sell, a telephone record without authorization; or (iii) receiving a telephone record knowing that such record has been obtained without authorization by fraudulent, deceptive, or false means. The punishment is (a) a Class 3 misdemeanor if the violation involves a single telephone record of a resident of this Commonwealth, (b) a Class 2 misdemeanor if the violation involves two to 10 telephone records of a resident of this Commonwealth, (c) a Class 1 misdemeanor if the violation involves more than 10 telephone records of a resident of this Commonwealth, and (d) in any case, forfeiture of any personal property used or intended to be used to commit the offense.